Any change in this chapter or the Zoning Maps shall be made
in accordance with the Massachusetts General Laws (MGL). Amendments
to this chapter or the Zoning Map may be presented to the Board of
Selectmen for insertion into the warrant of a Town Meeting, as provided
in MGL c. 40A, § 5:
A.
In accordance with the provisions of MGL c. 39, § 10,
B.
By the Board of Selectmen on its own initiative.
C.
By the Planning Board on its own initiative.
D.
By the Zoning Board of Appeal on its own initiative.
E.
By an individual owning land to be affected by change or adoption.
F.
By a regional planning agency.
A.
Amendments to this chapter proposed for Annual Town Meeting shall
be submitted to the Board of Selectmen no later than 90 days prior
to the date of Annual Town Meeting.
B.
Amendments to this chapter proposed for a Special Town Meeting shall
be submitted to the Board of Selectmen no later than 45 days prior
to the date of the Special Town Meeting.
C.
A person or board proposing a rezoning of land shall submit with
the application to the Board of Selectmen:
(a)
A copy of the plan showing the proposed rezoning, drawn to a
scale of one inch equals 40 feet;
(b)
A copy of the proposed warrant article;
(c)
A legal description of the property proposed to be rezoned sufficient
for identification.
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No proposed rezoning articles shall be included in the warrant
until all the materials required under items (a), (b) and (c) have
been submitted.
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D.
A person or board proposing a rezoning of land from one zoning district
to another shall submit to the Planning Board a certified abutters'
list for all abutters within 300 feet of the proposed rezoning. Said
certified abutters' list shall be submitted within 15 days after submission
of the warrant article to the Board of Selectmen. A certified abutters'
list shall not be required for proposed amendments to an overlay district
such as floodplain and wetlands districts or watershed district.
The Board of Selectmen shall submit to the Planning Board all
proposed amendments or changes to this chapter within 14 days of receipt
of such amendment or change.
The Planning Board on its own initiative shall conduct public
hearings within 65 days after receipt of the proposed amendment or
change:
A.
After the publication of a notice in a newspaper of general circulation
in the Town, in each of two consecutive weeks, the first publication
to be at least 14 days prior to the hearing date.
B.
Said notice shall contain date, time and place of said hearing, subject
matter sufficient for identification and places where texts and maps
may be inspected.
C.
Said notice shall be posted in the Town Hall for a period of not
less than 14 days prior to hearing date.
D.
Notice of said hearings shall be mailed postage prepaid to the Department
of Community Affairs, the regional planning agency, the planning boards
of all abutting cities and towns and to any nonresident property owner
who has filed an annual request for such notice with the Town Clerk
not later than January 1 and has paid a fee of $5 to cover postage
and handling. It shall be deemed sufficient if such notice is mailed
or delivered to the last known address.
E.
For all rezonings proposing a change from one zoning district to
another, notice of said hearing shall also be mailed by the Planning
Board postage prepaid to the owner or owners of the property being
rezoned and to those abutters within 300 feet of the property being
rezoned. Said notice need not be sent in the case of an amendment
or change of an overlay district such as floodplain and wetlands district
or watershed district. The proposer of the rezoning shall reimburse
the Town for the costs of giving notice. A certificate, signed by
the Chairman of the Planning Board, that the notices have been sent
shall be proof of compliance.
No defect in the form of any notice under this article shall
invalidate any Zoning Bylaw amendment or change, unless such defect
is found to be misleading.
No vote to adopt any bylaw or amendments shall be taken until
a report with recommendations by the Planning Board has been submitted
at the Town Meeting or until 21 days after said hearing have elapsed
without submission of such report or recommendations. If any proposed
bylaw or amendment is not adopted at a Town Meeting within six months
of said hearing, no action shall be taken thereon until after a subsequent
public hearing is held with notice and reports as provided above.
No Zoning Bylaw or amendment shall be adopted except by two-thirds
vote at a Town Meeting.
No proposed Zoning Bylaw or amendment which has been unfavorably
acted upon at a Town Meeting shall be considered at a Town Meeting
within two years after the date of such unfavorable action, unless
the adoption of such proposal is recommended in the final report of
the Planning Board.
A.
The Planning Board, after adoption at a Town Meeting of any Zoning
Bylaw or amendment, shall furnish a statement and pertinent maps or
plans explaining said changes to the Town Clerk for submission to
the Attorney General. The effective date of adoption of, or amendment
to, any Zoning Bylaw shall be the date such adoption or amendment
was voted on at the Town Meeting. If said bylaw shall be disqualified
by the Attorney General, the previous bylaw or portion thereof shall
be deemed to be in effect from the date of said vote.
B.
Notice to Department of Community Affairs. After approval of the
Zoning Bylaw by the Attorney General, the Town Clerk shall send a
copy of the amended Zoning Bylaw to the Department of Community Affairs.
A.
Conflicting provisions. This chapter shall be held to be the minimum
requirements for the promotion of the public health, safety and welfare.
If any provision of this chapter conflicts with any other provision
of this chapter, any other section of the Braintree bylaw or any applicable
state or federal law, the more restrictive provision shall apply.
B.
Relief from other provisions. Nothing in these provisions shall relieve
any property owner or user from satisfying any condition or requirement
associated with a previous approval, special permit, variance, site
plan review or other permit issued under any Zoning Bylaw previously
in effect or any other local, state or federal ordinance or statute.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision hereof. No claim of
invalidity of any Zoning Bylaw arising out of any possible defect
in the procedure of adoption or amendments shall be made in any legal
proceeding. No municipal officer shall refuse, deny or revoke any
permit, approval or certification because of any such claim of invalidity,
unless legal action challenging said validity has been commenced within
120 days after adoption of the bylaw. A notice specifying invalidity
claim, date of filing, parties and court and a copy of the petition
must be filed with Town Clerk within seven days of commencement of
action.
